> 


AMENDED 


SEQUESTRATION    ACT 


OF 


CONFEDERATE  STATES, 


WITH  AMENDED 


RULES  OF  THE  CONFEDERATE, COURT. 

FOR  THE 

DISTRICT    OF    SOUTH    CAROLINA, 

AND 

AN  APPENDIX  OF  FORMS. 


CHARLESTON : 

PRINTED  BY  A.  J.  BURKE,  60  BROAD-STREET. 
1862. 


^ 


AMENDED 


SEQUESTRATION   ACT 


OF/      •• 
/ 


CONFEDERATE  STATES, 


WITH  AMENDED 


RULES  OF  THE  CONFEDERATE /COURT, 

t 

FOR  THE  y 

DISTRICT    OF    SOUTH    CAROLINA, 

AN  APPENDIX  OF  FORMS.;, 


CHARLESTON: 

PRINTED  BY  A.  J.  BURKE,'  60  BROAD-STREET, 
1862. 


AMENDED  SEQUESTRATION  ACT. 


an  act;. 

To  .alter  and  amend  an  Act  entftl*  ^ 
tration  of  the  Estates,  Property  - 
mies,   and. for  Indemnity  of  c 
States,   antf  persons  a^ing 
with  the'-tFnited  States,"  appro1 
thousand  'eight  hundred  and  sixty 

Section  1. 
ica,  do  enact, 


r\Act  for  the  Seques- 
ffects  of  Alien  Ene- 
Of  the  Confederate 
in  the  existing  war 
August  thirtieth,  one 


The  Congress  of  the 
That  all  and  every 
hereditaments,   goods  and  chatt* 
every  right  and  interest  therein  e: 
questration,  of  which  this  Act  is  a 
shall  be  collected  and  sold,  as  pro     \ 
proceeds  paid  into  the  Treasury  < 
but  in  no  case  shall  a  debt,  or  othc 
Sec.  2.     Be  it  further  enacted,  Th 
this  Act,  and  the  Act  to  which  it 
applied  to  the  equal  indemnity  of 
of  the  Confederate  States,  or  perso 
present  war,  who  have  suffered,  or 
or  damage  by  confiscation,  by  the  ( 
States,  or  by  any  State  Govemmei 
ment,   acknowledging   and   aiding 
United  States  in  this  war,  or  by  su 
other  causes  incident  to  the  war, 
gress,  may  be  described  or  defin 
circumstances,  proper  cases  for  ind 
realized  as  aforesaid,  shall  be  paid 

Confederate  States,  as  provided  by  the  to  which  this  is 
an  amendment;  and  the  faith  of  the  Con.  ..orate  States  is 
hereby  pledged  that  the  same  shall  be  refin.aed,  as  required 
for  the  purposes  aforesaid.     And  the  Secretary  of  the  Trea- 


ie  States  of  Amer- 

Jands,  tenements  and 

and  credits,  and 

d  by  said  Act  of  Se- 

tion  and  amendment, 

in  this  Act,  and  the 

Confederate  States  ; 

in  action,  be  sold. 

onies  realized  under 

menclment,  shall  be 

''sons,  loyal  citizens 

ig  the  same  in  the 

ireaffcer  suffer,  loss 

lent  of  the  United 

retended  Govern- 

f    wernment   of  the 

of  the  enemy,  or 

cure  Act  of  Con- 

fbrding  under  the 

■$>.  *  And  all  money 

to  t      Treasury  of  said 


!■ 


sury  shall  cause  a  separate  account  of  said  money  to  be  kept 
in  well  bound  books  p     Mined  for  that  purpose. 

Sec.  3.  Be  it  fuHh  r  enccfed,  That  it  shall  be  the  duty  of 
every  person  in  acti.  possession*  of,  or  having  under  his 
control,  any  money  property,  effects  or  evidences  of  debt, 
belonging  to  an  alien  enemy,  speedily  to  inform  the  Receiver, 
and  to  render  an  acc<  »nt  thereof,  and  at  once  to  pay  over  to 
the  Receiver  and  to  [iver  to  him  such  property  and  effects, 
and  evidences  of  del  l  and  such  payment  and  delivery  shall 
be  made  without  re.  d  to  whether  any  proceedings  have  or 
have  not  been  insti  1  to  sequestrate  the  same.  And  any 
person  who,  after  Zing  such  information,  shall  fail  so  to 
pay  over  and  delivc  1  3  ^mancl,  made  by  the  Receiver,  shall 
stand  in  contempt.  (  R  ceiver  shall  at  once  move  the 

Court  or  Judge  to  frr  gainst  such  party  as  in  other 

cases  of  contempt  :    'line   Court  or  Judge  may  imprison 
the  offender  until  h        ill  fully  comply  with  the  requirements 


of  this  Act. 


and  discharge 


And  s 
the 
account  of  such  n\< 
debt.     And  the  Re< 
specifying  the  a. 
evidences  of  debt 
alien  enemy  on  act 
delivered.     Prod 
session  or  control  o 
a,  debt  or  claim, 
he  may  file  it  in  wi 
he  believes  hknsel 
upon  he  shall  no' 
over  to  the  Receh 
ed  by  him  ;  but  1 
try  the  validity  o 
ing  to  the  facts  ft 
And  if  the  Court 
setting  up  the   £ 
tained  by  him. 
the  debt  or  claim    n 
amount  originally  ii 
he  shall  pay  no  c ■  -t 
dent  to  the  procc 
Sec.  4.     This, 
ment,  shall  not 


t  or  delivery  shall  fully  acquit 
all  and  every  claim  for  or  on 
property,  effects  and  evidences  of 
shall  give  such  person  a  receipt, 
money,  the  property,  effects  and 
d  delivered,  and  the  name  of  the 
,vhom  the  same  shall  be  paid  and 
t  when  the  person  having  the  pos- 
.oney  of  an   alien  enemy,  asserts 
uch  alien  enemy  in  his  own  favor, 
the  proper  Court,   swearing  that 
entitled  to  the  same,  and  there- 
celled,  in  tne  first  instance,  to  pay 
nount  thus  propounded  and  claim- 
shall  then  proceed  to  examine  and 
debt  or  claim,  and  decree  accord- 
le  rights  and  justice  of  the  case. 
linst  the  debt  or  claim,  the  party 
forthwith  pay  over  the  sum  so  re- 
lf  the   Court  shall  decree  in  favor  of 
propounded,  and  it  exceeds  the  entire 
i  ii.^  possession  of  such  debtor  or  claimant, 
;  otherwise  he  shall  pay  all  costs  inci- 
ngs. 
;t,  and  the  Act  to  which  it  is  an  amend- 
c  aerate  to  avoid  any  payment,  bona  fide  made 


to  an  alien  enerr  ,  or  to  affect  property  of  any  kind,  bona  fide 
and  absolutely  ti  ansferred,  or  conveved,  by  any  alien  enemy 


to  a  faithful  citizen  of  the  Confederate  States,  prior  to  the 
thirtieth  day  of  August,  one  thousand  eight  hundred  and 
sixty-one. 

Sec.  5.  In  cases  of  partnership  property  and  effects,  the 
resident  partner,  or  partners,  shall  be  dealt  with  in  all  res- 
pects as  surviving  partners  in  cases  of  dissolution  of  partner- 
ship by  the  death  of  one  or  more  of  the  partners,  according 
to  the  laws  of  the  place  of  the  priiu  1  place  of  business 
of  the  partnership  ;  and  the  Receive 
remedies  against  such  resident  partner 
of  a  deceased  partner  would  be  entitle 

Sec.  G.  The  following  persons  sh'a 
alien  enemies  under  this  Act,  or  the 
amendment. 

First.     Persons  who  now  have  ? 
residents  of  any  State  of  this  Comer     acy,  and  are  actually 
residing  and  domiciled  within  the  sam     \'ieldin<x  and  acknowl 
edging  allegiance  thereto,  and   wh 
paesent   war,   voluntarily    contributed 
enemy. 

Second.  All  persons  born  witlii 
federacy,  or  natives  of  a  neutral  i 
breaking  out  of  the  war,  have  aband 
ceased  their  business  in  the  enemy's 
aforesaid  who  have  honaficle  coinm* 
move  themselves  and  effects  from  1 
who  have  been,  and  still  are  prevem 
removal  by  the  force  or  power  of 
physical  infirmity  are  incapable  of  g. 

Third.  All  subjects  or  citizens  c  n<  1 1  al  countries  who 
cannot  be  shown  to  have  voluntarily  contributed  to  the  cause 
of  the  enemy,  and  all  who,  though  citi  is  of  the  enemy's 
country,  have  abandoned  that   count  i  account  of  their 

opposition  to  the  war.  or  sympathy  .  the  people  of  the 
Confederate  States. 

Fourth.  All  married  women  natives  of  any  State  of  this 
Confederacy,  who,  or  whose  husbands  shall  not  be  shown  to 
have  voluntarily  contributed  to  the  cause  .  f  the  enemy.  All 
persons  non  compos  mentis,  and  all  iniuorb  whose  fathers  or 
mothers,  were,  or  are,  natives  of  this  Confederacy  and  whose 
property  and  persons  are  controlled  by  guardians  resident 
in  the  Confederate  States,  and  who  have  not  voluntarily  con- 
tributed to  the  enemy's  cause  ;  and  all  minors  under  the  age 
of  sixteen  years,  who  were  born  in  any  State  of  this  Con- 
federacy, or  in  any  State  exemped  from  the  operations  of 


shall  have  the  same 
s  the  representatives 

to  in  like  case, 
not  be  taken  to  be 

ct  to  which  this  is  an 

le  become  permanent 


ave   not,  during  the 
to  the  cause   of  the 

uy  State  of  this  Con- 

mtry,  who  since  the 

ed  their  domicils  and 

;  ltry,  and  all  persons 

1 1,  or  attemped  to  re- 

lemy's  country,  and 

om  completing  said 

lemy,  or  who  from 


this  Act  while  their  parents  were  domiciled  in  such  State, 
and  who  have  not  taken  up  arms  against  the  Confederate 
States. 

Fifth.  Free  persons  of  color,  who,  by  the  laws  of  any 
State  have  been  compelled  to  remove  beyond  the  limits  there- 
of, and  are  by  law  prohibited  from  returning  to  such  State, 
and  who  have  not  in  anywise  aided  the  enemy. 

Sec.  7  The  next  of  kin  in  the  direct  ascending  and  de- 
scending lines  of  any  alien  enemy,  faithful  citizens  of  any  of 
the  Confederate  States,  or  engaged,  in  their  military  or  naval 
service  shall  bo  entithd  to  have  decreed  them  (they  paying 
all  costs)  the  property.,  effects  and  credits  of  such  alien  ene- 
my as  if  dead,  int  caving  no  other  heirs  or  distribu- 
tees, chargeable,  ho  ••  :\  in  their  hands,  as  in  case  of 
administration  or  he  Ship,  with  the  debts  of  such  alien 
enemies  due  to  faithfi  I  citizens  of  any  Confederate  State. 

Sec.  8.  All  sales  I  property  under  this  Act  shall  be 
made  by  the  Receiver-  at  public  auction  to  the  highest  bidder, 
and  on  such  term-  [  such  notice  of  the  time  and  place  of 
sale  as  the  Court  mai  prescribe,  and  shall  be  duly  reported 
to  the  Court  by  sue :.  Receivers,  at  the  term  next  after  such 
sale;  but  no  convey;  •  o  of  title  shall  be  made  *to  the  pur- 
chaser- of  the  proper!,  until  the  confirmation  of  the  sale  by 
the  Court,  and  the  payment  of  the  purchase  money  according 
to  the  terms  of  the  .m--  ;  and  no  sale  shall  be  valid  until 
reported  to,  and  c  I  by  the  Court  ;  nor  shall  any  sale 

be  confirmed  until  tl  terms  shall  have  been  complied  with  ; 
and  the  Court  may  se  aside  such  sale  for  fraud,  want  of  proper 
notice,  or  any  mai  rial  irregularity,  or  where  it  shall  appear 
that  the  Receiver  yas  the  purchaser  or  interested  in  the 
purchase,  or  for  substantial  inadequacy  of  price  :  Provided, 
however,  That  sales  of  personalty  may  be  reported  to,  and 
confirmed  by  the  Judge  in  vacation. 

Sec.  9.  The  Cojart  may,  in  its  discretion,  when  special 
circumstances  exist  which  temporarily  depress  the  value  of 
the  property,  delay  the  order  of  sale,  or  may  direct  the  Re- 
ceiver to  examine  and  report  whether  it  would  be  expedient 
to  make  an  immediate  sale  of  such  property,  and  on  such 
report,  or  other  satisfactory  evidence,  showing  that  a  delay 
in  the  sale  would  tend  to  secure  a  fairer  price,  may  order 
such  sale  to  be  delayed,  and  in  all  such  cases  the -Court  may, 
in  the  case  of  real  estate,  or  of  a  plantation  and  slaves, 
order  the  Receiver  to  lease  the  same  on  such  terms  as  the 
Court  may  prescribe. 

Sec.  10.    In  cases  where  an  alien  enemy  may  have  con- 


traded  in  writing,  before  the  twenty-first  day  of  May,  eigh- 
teen hundred  and  sixty-one,  to  sell  real  estate  to  a  citizen, 
or  citizens  of  this  Confederacy,  and  to  make  title  upon  pay- 
ment of  the  purchase  money,  the  Court,  in  decreeing 
sequestration  of  the  said  purchase  money,  or  the  residue 
thereof  unpaid,  shall  further  decree  that  the  Receiver  of  the 
district,  in  which  said  real  estate  is  situate,  shall,  upon 
payment  of  said  purchase  money,  or  the  residue  thereof,  as 
aforesaid,  make  title  for  such  real  estate  tq  the  purchaser  or 
his  assignee. 

Sec.  11.  The  Court  shall  audit  and  pass  on  the  accounts 
of  the  Receiver  as  provided  in  this  Act,  and  the  one  to  which 
this  is  an  amendment :  but  in  lieu  of  the  compensation  and 
allowances  therein  provided  for,  shall  allow  such  compensa- 
tion as  shall  to  it  seem  reasonable  and  just,  following,  in  this 
respect,  so  far  as  may  be  applicable,  the  analogies  furnished 
by  the  laws  of  the  State  in  which  tho  Court  is  held,  concern- 
ing compensation  to  executors,  administrators  and  trustees  ; 
and  the  Court  shall  further  allow  to  the  Receiver  all  proper 
expenses  attending  the  execution  of  his  office.  And  all  fees 
and  allowances  passed  by  the  Court  in  favor  of  any  Receiver 
may  be  retained  by  him  from  any  noney  in  his  hands  ;  and 
all  fees  and  allowances  to  any  Receiver  beyond  the  rate  of 
five  thousand  dollars  per  annum,  except  for  expenses  as 
aforesaid,  shall  be  forth  with  paid  by  riin  into  the  Confederate 
Treasury,  to  the  use  of  the  Confederate  States,  and  shall  bo 
brought  into,  and  stated  and  accounted  for,  in  his  next  account 
of  settlement  as  Receiver. 

Sec.  12.  The  Court  shall  appoint  an  attorney  for  each 
section  in  which  the  Court  shall  be  holden,  and  in  which  no 
attorney  of  the  Confederate  States  resides,  whose  duties  it 
shall  be  to  discharge,  within  said  section,  the  duties  imposed 
on  the  attorney  of  the  district,  by  the  Act  to  which  this  is 
amendatory  ;  and  the  compensation  of  such  attorney  so  ap- 
pointed shall  be  the  same  for  business  by  him  done  as  is  now 
provided  by  ninth  section  of  said  Act  for  the  district  attor- 
ney. 

^  Sec.  13.  The  Receiver  shall,  in  all  cases,  take  the  posses- 
sion and  control  of  the  money,  property  and  effects  of  alien 
enemies,  and  of  such  choses  in  action  as  shall  be  in  the 
hands  of  any  agent  or  third  person,  except  when  otherwise 
provided  for  by  this  Act,  and  on  being  refused  possession,  shall 
sue  for  the  same,  and  such  possession  shall  not  be  withheld 
on  any  pretext  of  any  provisions  of  the  Act  to  which  this 
is  amendatory.     The  Court  may  order  a  delay  in  the  sale  of 


of  such  corporation  or 
Court  of  record,  justice 
missioner  of  the  Court 


8 

property  when  it  shall  be  necessary  to  complete  or  gather  a 
growing  crop,  or  when  it  shall  be  otherwise  manifestly  to 
the  benefit  of  the  Confederate  States  to  delay  the  sale  ;  but 
in  all  such  cases  the  possession,  control  and  management 
shall  be  with  the  Receiver,  or  under  his  control  and  author- 
ity. And  in  the  collection  of  debts  or  choses  in  action,  no 
State  stay  law  shall  govern,  but  the  same  shall  be  governed 
by  this  Act,  and  the  one  to  which  this  is  an  amendment,  so 
far  as  the  latter  does  not  conflict  with  this  Act. 

Sec.  14.  It  shall  be  the  duty  of  all  persons  owing  debts 
to  alien  enemies,  within  three  months  from  the  passage  of 
this  Act,  to  give  information  thereof  to  the  Receiver  of  the 
district  in  which  he  or  they  reside,  and  in  case  of  corpora- 
tions or  joint  stock  companies,  to  the  Receiver  of  the  dis- 
trict in  which  the  principal  office  of  business  of  such  cor- 
poration or  company  may  be  ;  and  such  information  shall  be 
in  writing  and  sworn  to  by  the  debtor,  and  in  case  of  corpo- 
rations of  joint  stock   companies,  by   the   principal   officer 

company,  before  any  Judge  of  a 
of  the  peace,  notary  public,  com- 
)t  Receiver  under  the  Act  to  which 
this  is  an  amendment,  and  shall  set  forth  the  name  or  names 
of  the  creditor  or  owner  of  such  debt,  the  amount  he  owes 
or  owed  on  the  thirteenth  day  of  August,  eighteen  hundred 
and  sixty-one,  and  whetlier  the  same  is,  or  has  been,  secured 
by  mortgage  or  otherwise  ;  and  the  information  or  confession 
so  made  shall  be  filed  br  the  Receiver  in  the  proper  Court  of 
the  Confederate  Stated  and  such  court  shall,  on  such  infor- 
mation, proceed  to  dec/ee  sequestration  and  payment  of  tho 
debt  or  debts  so  confessed  ;  and  in  case  any  debtor  shall,  in 
good  faith,  confess  histndebtedness  as  aforesaid,  but  shall  bo 
unable  to  state  the  tiiie  amount  of  his  indebtedness,  or  shall 
be  in  doubt  whether  Ijtho  creditor  or  owner  of  the  debt  is  an 
alien  enemy,  the  Court  shall  proceed  to  ascertain  the  charac- 
ter of  tho  creditor  oj  owner,  and  the  true  amount  of  such 
indebtedness,  and  to  tlat  end  shall  direct  such  proceedings 
as  shall  be  adopted  to  (the  nature  of  tho  case,  and  decree  ac- 
cording to  the  facts  found.  And  in  all  proceedings  against 
persons  for  debts  due  by  them  to  alien  enemies,  the  debtor 
shall  bo  allowed  to  make  any  defence,  hi  law  or  equity, 
which  he  might  or  could  have  made  in  a  suit  brought  against 
him  by  the  creditor  to  whom  such  debt  was  due  :  Provided, 
hoivever,  That  no  execution  shall  issue  on  such  decree,  except 
for  the  interest  which  shail  accrue  on  the  same  at  the  end  of 
each  year,  until  twelve  months  after  peace  shall  bo  declared 


between  the  Confederate  States  and  the  United  States,  or 
until  otherwise  directed  by  law  :  And  provided,  moreover ; 
That  execution  may  issue  for  the  costs  of  the  proceeding, 
and  the  sum  so  collected  for  costs  shall  be  deducted  from  the 
principal  sum  due. 

Sec.  15.  The  Receivers  appointed  under  this  Act,  or  the 
Act  to  which  this  is  an  amendment,  shall  proceed  diligently 
to  ascertain  and  collect  the  debts  due  to  alien  enemies  by 
persons  residing  in  the  districts  for  which  they  are  severally 
appointed,  and  shall,  on  the  discovery  of  any  such  debts, 
and  after  the  expiration  of  three~nionths  from  the  passage  of 
this  Act,  and  the  debtor  shall  have  failed  to  give  information 
of  such  debt,  proceed  to  institute  proceedings  to  sequestrate 
the  same,  and  in  such  proceeding,  which  shall  be  by  petition, 
as  prescribed  by  said  Act,  to  which  this  is  an  amendment, 
and  shall  be  to  sequestrate  the  debt,  as  well  as  to  ascertain 
the  sum  due  by  the  debtor,  sucli  delator  shall  be  made  defen- 
dant or  respondent,  as  the  case  may  be,  and  the  process  to 
bring  such  debtor  before  the  Court,  or  to  compel  an  answer, 
shall  be  in  the  nature  of  the  Writ  of  Garnishment  as  pres- 
cribed in  said  Act,  which  shall  be  served  on  such  debtor ; 
and  in  case  of  corporations  and  joint  stock  companies,  on 
some  member  or  officer  of  such  corporation  or  company  ; 
and  shall  require  the  defendant  to  answer  on  oath  whether 
he  is  indebted  to  an  alien  enemy,  or  was  so  indebted  on  the 
thirtieth  day  of  August,  eighteen  hundred  and  sixty-one,  in 
what  sum,  and  whether  ho  knows  of  any  other  person  or 
persons  so  indebted,  and,  on  the  disclosure  by  the  defendant 
of  such  indebtedness  by  other  persons,  like  proceedings  shall 
be  had  as  in  the  original  cause  ;  and  in  case  the  defendant 
shall  suggest  in  his  answer  that  the  debt  due  by  him  or  her 
is  claimed  or  owned  by  any  person  not  an  alien  enemy,  set- 
ting forth  the  name  of  such  claimant,  and  his  place  of  abode, 
citation  shall  issue  to  such  claimant  to  appear  and  propound 
his  claim  on  oath  at  the  succeeding  term  of  the  Court ;  and 
in  case  he  is  absent  from  the  district  in  which  the  Court  is 
held,  or  cannot  be  found,  publication  shall  be  made  for  the 
Space  of  one  month,  in  some  newspaper  best  calculated  to 
apprise  such  claimant  to  appear  and  propound  his  claim  ; 
and  if  such  claimant  shall  fail  to  appear,  his  claim  shall  be 
barred.  On  the  appearance  of  the  claimant,  the  Court  shall 
direct  an  issite  to  try  the  same,  and  shall  award  the  costs 
against  the  claimant  if  the  claim  be  unfounded  :  Provided, 
That  the  entire  answer  shall  be  considered  by  the  Court. 


10 

Sec.  16.  All  proceedings  now  pending  under  the  Act  to 
which  this  Act  is  an  amendment,  shall  be  made  to  conform 
to  the  proceedings  directed  in  this  Act,  so  far  as  practicable, 
and  the  judgments  rendered  therein  shall  be  given  in  all 
respects,  and  have  the  same  operation  and  effect  as  judgments 
rendered  under  the  fourteenth  section  of  this  Act. 

Sec.  17.  In  all  proceedings  against  debtors  who  fail  or 
refuse  to  give  information  of  their  indebtedness  within  the 
time  prescribed  in  this  Act,  and  the  debtor  shall  be  brought 
before  the  Court  by  process,  the  costs  of  the  proceeding  shall 
be  adjudged  against  such  debtor,  in  case  he  is  found  to  bo 
indebted  to  any  alien  enemy ;  and  if  it  shall  appear  to  the 
Court,  on  the  trial  of  any  cause  against  such  recusant  debt- 
or, that  he  has  wrongly  and  wilfully  refused  or  failed  to  give 
information  of  his  indebtedness,  or  to  state  the  true  amount 
thereof,  with  intent  to  hinder,  evade  or  delay  the  execution 
of  this  Act,  or  the  Act  to  which  this  is  an  amendment,  or 
the  jury,  in  any  cause  dc  issue  tried  by  them,  shall  certify 
that  such  debtor  has  wilfully  failed  or  refused  to  give  infor- 
mation of  his  indebtedness,  or  the  true  amount  thereof,  with 
the  intent  aforesaid,  the  Court  shall  award  execution  against 
such  debtor  on  the  decree  or  judgment  for  the  whole  amount 
of  the  debt  and  interest  due  thereon,  together  with  the 
costs  ;  in  all  other  cases,  however,  execution  shall  be  stayed 
until  the  peace  aforesaid,  except  for  interest  which  shall 
accrue. 

Sec.  18.  In  cases  where  proceedings  shall  be  instituted  to 
sequestrate  judgments  or  decrees  already  rendered,  or  of 
claims  or  debts  upon  which  actions  or  suits  may  be  pending, 
the  Court  may,  after  the  decree  of  sequestration,  allow  the 
Receiver  to  prosecute  such  suit,  action,  decree  or  judgment, 
in  the  name  of  the  Confederate  States  of  America ;  and  in 
cases  of  suits  or  actions  pending,  or  decrees  or  judgments 
rendered  in  the  State  Courts,  where,  by  the  laws  of  such 
State,  it  may  be  admissible,  such  Receiver  may  introduce 
the  Confederate  States  of  America  in  the  proceedings  as  a 
party  to  prosecute  such  suit  or  action,  or  enforce  such  de- 
cree or  judgment ;  but  in  such  cases  execution  shall  issue 
for  costs  and  interest  only  until  further  provided  by  law,  or 
twelve  months  after  the  conclusion  of  peace  as  aforesaid. 

Sec.  19.  Attorneys,  agents  or  trustees  of  any  alien  enemy 
having  claims  for  fees  or  commission  on  the  fund  or  assets 
in  their  hands,  shall,  on  delivery  of  such  fund  or  assets  to 
the  Receiver,  make  out  their  accounts  for  such  claims  or 


11 

commissions,  and  th©  Court  shall  consider  and  allow  the 
same,  if  just  and  reasonable,  to  be  paid  out  of  such  funds  or 
assets  ;  and  where  counsel  are  already  engaged  in  prosecu- 
ting such  pending  suits  or  actions,  the  Receiver  shall  be 
authorized  to  allow  them  to  continue  to  prosecute  such  suits 
or  actions  for  the  Confederate  States  of  America. 

Sec.  £0.  The  rate  of  interest  to  be  paid  by  debtors  shall 
be  regulated  by  the  contract,  if  by  the  terms  thereof  the 
rate  of  interest  shall  be  fixed,  and  if  no  interest  shall  be 
fixed  by  the  contract,  then  the  rate  shall  be  according  to 
the  law  of  the  place  where  the  debt  is  to  be  paid  or  the 
contract  performed  ;  and  the  judgment  or  decree  shall  bear 
the  same  rate  of  interest  fixed  by  law  or  the  contract,  and 
the  same  shall  be  punctually  paid  at  the  end  of  each  year,  or 
execution  shall  issue  for  the  same. 

Sec.  21.  In  no  case  shall  the  judgment  or  decree  be 
a  lien  on  the  property  of  the  debtor  ;  but  where  the  Court 
shall  award  execution  under  this  Act,  the  property  of  the 
debtor  shall  be  bound  from  the  delivery  of  the  writ. 

Sec.  22.  The  Court,  or  Judge  in  vacation,  shall  have  power 
to  award  execution  on  any  judgment  or  decree,  in  addition  to 
the  cases  of  recusant  debtors,  where  the  Receiver  shall  make 
oath  that  the  debtor  is  fraudulently  concealing  or  disposing  of 
his  effects,  with  intent  to  evade  the  judgment,  or  is  about  to 
remove  his  effects  beyond  the  jurisdiction  of  the  Court,  but 
such  execution  shall  be  discharged  on  the  defendant's  giving 
security  to  the  satisfaction  of  the  Court,  for  the  performance 
or  payment  of  the  decree. 

Sec.  23.  In  proceedings  under  this  Act,  and  the  Act  of 
which  it  is  amendatory,  upon  affidavit  being  made  by  the 
Attorney  representing  the  Confederate  States,  or  the  proper 
Receiver,  that  the  name  of  an  alien  enemy  is  wholly  or  partly 
unknown  to  him,  or  that  the  names  of  the  members  of  a 
partnership  of  alien  enemies  are  unknown  to  him,  the  pro- 
cess and  proceedings  may  be  against  such  partnership  by 
the  firm  name  thereof,  stated  in  such  affidavit,  or  against 
such  alien  enemy,  whose  name  is  wholly  or  partly  unknown, 
by  such  name  or  proper  description  as  may  be  known  and 
set  forth  in  such  affidavit :  Provided,  That  the  Court  may,  at 
any  time,  on  motion,  cause  the  full  and  proper  name  to  be 
inserted  in  the  record,  and  used  in  the  proceedings  when  the 
same  becomes  known  to  the  Court. 

Sec.  24.  Receivers  shall  have  authority  to  administer 
oaths  touching  any  matter  incident  to  proceedings  under 
this  Act. 


12 

Sec.  25.  The  sixteenth  section  of  an  Act  to  which  this 
is  an  amendment,  is  hereby  repealed. 

Sec.  2(5.  All  debts  due  to  an  alien  enemy  may  be  paid 
in  the  Bonds  and  Treasury  Notes  of  the  Confederate  States, 
and  the  same  shall  be  received  in  payment  for  all  property 
sold  under  this  Act. 

Sec.  27.  The  fees  of  all  Clerks  and  Marshals  shall  bo  the 
same  for  services  under  this  Act  and  the  Act  to  which  this 
is  an  amendment,  as  arc  allowed  for  similar  services  in  tho 
Courts  of  the  Confederate  States,  and  shall  be  a  charge  upon 
the  general  fund  derived  from  confiscations,  and  shall  bo 
paid  on  the  order  of  the  Court. 

.  Sec.  28.  The  Commissioners  authorized  by  the  fourteenth 
section  of  the  Act  to  which  this  is  an  amendment,  shall  ap- 
point a  Clerk  with  a  salary  of  fifteen  hundred  dollars,  to  be 
paid  out  of  the  Treasury  of  tho  Confederate  States ;  but  such 
salary,  as  well  as  the  salary  of  said  Commissioners,  shall  be 
charged  to  the  confiscation  fund  and  be  deducted  therefrom 


and  said  Commissioners 
point  Commissioners  to 


shall  moreover  have  power  to  ap- 
take  the  examination  of  witnesses 
touching  the  claims  whi  ;h  may  be  propounded  before  them, 
or  may  summon  witnesses  before  them  to  be  examined  oral- 
ly ;  said  Commissioners,  and  the  Commissioners  appointed 
by  them  to  examine  witnesses  as  aforesaid,  shall  have  power 
to  administer  oaths  to 'the  witnesses,  and  issue  subpoenas, 
and  witnesses  failing  to  appear  shall  be  subject  to  like  penal- 
ties and  process  as  may  be  prescribed  in  the  Courts  of  the 
Confederate  States  against  defaulting  witnesses  :  Provided, 
hoivever,  That  the  costs  of  all  proceedings  to  take  testimony 
shall  be  paid  by  the  claimant,  except  in  cases  where  the  At- 
torney General  shall  apply  for  leave  to  take  testimony,  and 
the  fees  of  witnesses  ^nd  Commissioners  shall  be  tho  same 
as  are  allowed  in  the  Courts  of  the  Confederate  States  in 
like  cases. 

Sec.  29.  So  much  of  the  Act  to  which  this  is  an  amend- 
ment as  requires  the  Receivers  to  settle  separately  the  es- 
tate of  each  alien  enemy,  is  repealed,  and  hereafter  such  set- 
tlement shall  embrace  all  the  matters  ready  for  settlement  ; 
but  the  items  of  the  account  shall  be  so  specific  as  to  show 
the  sources  from  which  each  is  derived. 

Sec.  30.  Where  any  judgment  has  been  ontered  up  in  any 
of  the  Courts  of  the  Confederate  States  |under  the  Act  to 
which  this  is  an  amendment,  inconsistent  with  the  provisions 
and  spirit  of  this  Act,  the  same,  on  motion,  shall  be  set  aside 


13 

or  amended  in  accordance  with  the  terms  and  provisions  of 
this  Act.  .  _      . 

Sec.  31.  The  provisions  of  the  Act  to  which  this  Act  is  an 
amendment,  so  far  as  the  same  may  conflict  with  this  Act, 
are  hereby  repealed. 


14 


AMENDED  RULES 

CONCEKNING  DEBTS   DUE   TO   ALIEN   ENEMIES. 


In  all  cases  where  information  is  given  to  any  Receiver,  by 
any  person  or  persons,  of  debts  due  by  him  or  them  to  an 
alien  enemy  or  enemies,  the  Receiver  shall  set  forth  in  writing 
the  name  or  names  of  the  creditor  or  owner  of  such  debt,  the 
amount  due  or  owed  on  the  30th  August,  1861,  and  how  the 
payment  of  the  same  is  secured,  whether  by  mortgage  or 
otherwise,  and  such  information  and  the  particulars  thereof, 
as  now  stated,  must  be  sworn  to  before  the  Receiver  or  the 
Judge  of  a  Court  of  Record,  Justice  of  the  Peace,  Notary 
Public,  or  Commissioner  of  this  Court.  That  no  other  paper 
shall  be  served  or  process  issued  thereon  ;  but  a  Petition  shall 
be  filed  in  Court  against  such  person  or  persons  giving  such 
information  as  aforesaid,  and  the  Court  shall  decree  thereon 
at  the  next  sitting,  or,  at  the  then  sitting,  if  in  term  time  : 
Provided,  That  the  person  or  persons  giving  such  information, 
shall  be  allowed  to  make  any  defence  to  the  payment  of  such 
debt  as  he  could  have  made  against  the  creditors  holding  or 
owning  the  same. 

II. 

That  in  cases  where  such  information  is  not  given,  the 
Receiver  shall,  on  discovery  or  belief  of  any  debt  due  to  alien 
enemies,  file  his  Petition  in  the  usual  form  with  the  Clerk 
against  the  person  or  persons  so  indebted,  and  process  to 
bring  in  the  Defendant  to  answer  the  said  Petition  shall  be  by 
Writ  of  Garnishment  to  be  served  on  such  person  or  persons, 
and  said  Writ  of  Garnishment  shall  require  such  person  or 
persons  to  whom  it  is  directed,  to  answer  £he  said  Writ,  and 
to  discover  on  oath,  whether  he  or  they,  is  or  are,  now  or  were 
indebted  to  any  alien  enemy  or  enemies,  on  the  30th  August, 
1861  ;  if  so,  in  what  sum,  and  whether  he  or  they  know  of  any 
other  person  or  persons  so  indebted;  and  the  said  Petition  shall 
be  in  the  name  of  the  Confederate  States,  against  the  person  or 


15 

persons  who  are  alleged  to  owe  the  debt  or  debts  to  any  alien 
enemy  or  enemies. 

III. 

If  the  debt  charged  to  be  due  to  an  alien  enemy  or  enemies 
shall  be  suggested  in  the  answer  to  the  Writ  of  Garnishment, 
as  claimed  or  owned  by  any  person  or  persons  not  an  alien 
enemy  or  enemies,  the  defendant  or  defendants,  shall  also  in 
the  answer  to  the  said  writ,  set  forth  the  name  of  such  claim- 
ant or  claimants,  and  his  or  their  place  of  abode.  And  a  citi- 
zen shall  thereupon  issue  to  such  claimant  or  claimants  to 
intervene  in  the  case,  and  appear  and  propound  his  or  their 
claim  at  the  succeeding  term  of  the  Court.  And  if  such 
claimant  or  claimants  is  or  are  absent  from  the  District  in 
which  the  Court  is  held,  or  cannot  be  found,  publication  of 
the  citation  shall  be  made  for  the  space  of  one  month.  If  the 
claimant  or  claimants  shall  appear,  an  issue  will  be  ordered  to 
try  the  claim  so  propounded  \  and  if  he  or  they  fail  to  appear 
the  claim  shall  be  barred. 

IY. 

In  all  cases  in  which  the  fact  shall  be  ascertained  by  pro- 
ceedings in  Court,  of  a  debt  due  to  an  alien  enemy  or  enemies, 
a  Judgment  shall  be  entered  against  the  person  or  persons 
who  may  be  debtor  or  debtors,  but  the  the  same  shall  not  be 
a  lien  on  the  property  of  the  debtor  or  debtors.  And  in  case 
such  person  or  persons  who  are  debtor,  shall  pay  annually 
to  the  Keceiver  the  interest  on  the  said  debt,  no  proceedings 
shall  be  had  under  the  said  judgment  for  one  year  after  the 
establishment  of  peace.  But  in  default  of  the  payment  of  such 
intent,  Execution  shall  issue  therefor;  and  if  it  shall  appear 
to  the  Court,  that  any  person  or  persons  wrongfully  and  wil- 
fully refuse,  or  fail  to  give  information  of  his  or  their  indebt- 
edness, or  to  state  the  true  amount  thereof,  with  intent  to 
hinder,  evade  or  delay  the  Receiver  therein,  execution  shall 
be  awarded  against  such  person  or  persons  on  the  decree  or 
judgment  for  the  whole  debt,  with  the  interest  due  thereon, 
and  the  costs  of  th©  proceedings. 

V. 

In  all  cases  where  any  person  or  persons  owing  a  debt  or 
debts  to  an  alien  enemy  or  enemies,  shall  fail  or  refuse  to 


16 


give  information  of  such  indebtedness,  and  such  person  or 
persons  shall  be  brought  before  the  Court  by  its  process, 
the  cost  of  the  proceedings  shall  be  adjudged  against  such 
debtor  or  debtors,  if  found  indebted  to  such  alien  enemy 
or  enemies. 


It 


RULES 


IN  RELATION  TO  PROCEEDINGS  AGAINST  AGENTS  OR  THIRD  PERSONS 

HAVING  THE  POSSESSION  OR   CONTROL   OF  MONEY,  PROPERTY 

OR  EFFECTS   OF  ANY  KIND,  (EXCEPT  PERSONS  OWING 

DEBTS)   BELONGING  TO  ALIEN  ENEMIES. 


I. 

Wherever  any  person  or  persons  shall  be  in  the  possession 
or  control  of  any  money  (other  than  debts,)  property  or 
effects  of  an  alien  enemy  or  enemies  ;  it  shall  be  the  duty  of 
the  Receiver,  to  receive  the  same,  from  such  person  or  per- 
sons, and  to  give  to  such  person  or  persons  a  receipt  specify- 
ing the  amount  of  money,  property,  effects,  and  evidences  of 
debt  paid  and  delivered  ;  and  the  name  of  the  alien  enemy,  on 
account  of  whom,  the  same  shall  be  paid  and  delivered. 

II. 

If  the  person  or  persons  having  the  possession  and  control 
of  such  money,  property  and  effects  of  an  alien  enemy  or 
enemies,  asserts  a  claim  in  his  own  favor  against  the  same  ; 
he  shall  file  in  Court,  a  particular  statement  of  such  claim, 
which  shall  be  sworn  to  by  him  or  them.  And  such  claim  at 
the  next  or  other  succeeding  term  of  the  Court,  shall  be 
heard  and  determined. 

III. 

If  the  person  or  persons  having  the  possession  and  control 
of  such  money,  property  and  effects  of  an  alien  enemy  or 
enemies,  shall  neglect  or  refuse  to  give  possession  thereof, 
and  to  make  payment  to  the  Receiver,  the  Receiver  shall 
forthwith  sue  for  the  same.  And  the  proceedings  in  such 
suit  shall  be  by  Petition  with  the  proper  averments  in  each 
case,  and  the  said  Petition  shall  be  filed  in  the  Court. 

IV. 

The  process  to  bring  in  such  person  or  persons,  shall  be  by 
Writ  of  Garnishment,  which  shall  in  addition  to  the  several 
3 


18 

matters  and  things  now  commanded  in  it,  further  command 
the  said  person  or  persons,  to  make  his  or  their  Answer  to  the 
said  writ,  that  it  may  stand  as  the  Answer  to  the  said  Petition. 

V. 

Thirty  days  after  the  service  of  the  said  Writ  of  Garnish- 
ment, the  case  shall  be  called  for  trial,  if  the  Court  shall  bo 
then  in  session  ;  or  at  the  Court  then  next  succeeding'.  Ex- 
ceptions may  be  taken  to  the  Answer  in  the  manner  prescribed 
in  the  first  of  the  original  Rules  ;  and  such  exception  shall  be 
disposed  of  in  the  manner  therein  stated. 

VI. 

If  no  Answer  shall  be  filed  by  the  person  or  persons  upon 
whom  the  Writ  is  served  the  Court  may' compel  an  answer, 
according  to  the  manner  prescribed  in  the  fourth  of  the  original 
Rules  ;  or  the  Petition  may  be  taken  pro  confesso. 


RULE  CONCERNING  INTEREST  UPON  DEBTS. 

In  all  cases  of  debts  due  by  any  person  or  persons  to  an 
alien  enemy  or  enemies,  the  Receiver  shall  state  an  interest 
account  thereon,  showing  the  interest  due  thereon,  on  the 
30th  August,  1861,  and  shall  proceed  to  collect  the  same. 
If  payment  thereof  shall  be  refused,  it  shall  be  the  duty  of 
the  Receiver,  through  the  District  Attorney  to  apply  for  an  exe- 
cution, directed  to  the  Marshal,  to  collect  said  interest.  And 
such  interest  shall  be  calculated  annually,  to  the  30th  August, 
in  each  year  ;  and  the  payment  thereof,  if  refused,  shall  bo 
enforced  in  the  manner  herein  provided. 


19 


APPENDIX  OF  FORMS. 
I. 

RETURN  OR  INFORMATION. 

Confederate  States.    Sequestration  Acts,  1861,  and  1862. 

Return  and  Information  of  of  property 

and  effects,  and  debts  of  Alien  Enemies,  in 
possession  or  control  since  the  30th  day  of  August,  A.  D.,  1861. 


Names  of  Alien  Enemies     Description  of  Property     Amount, 


Sworn  to  before  me,  this  day  of  A.  D.,  1862. 


II. 
PETITION  FOR  SEQUESTRATION  OF  DEBTS, 

[To  he  filed  by  Receiver  upon  voluntary  Information  of  Debtor. ,] 

CONFEDERATE  STATES  OF  AMERICA, )         In  the 

South  Carolina  District.  J  District  Court. 

To  the  Hon.  A.  G.  Magrath, 

Confederate  Judge  for  the  District  afdresaid. 

The  Petition  of  Receiver  of  Sequestered 

Estates,  duly  appoin+ed  by  the  Judge  aforesaid,  who  sues  in 
the  name  and  behalf  of  the  Confederate  States  of  America, 
respectfully  showeth, 

1.  That  open  and  public  war  exists  between  the  United 
States  of  America,  and  the  said  Confederate  States  of  America, 
by  virtue  of  an  Act  of  the  Congress  of  the  said  Confederate 
States,  entitled  '• An  Act  recognizing  the  existence  of  war  between 


20 

the  United  States  and  Confederate  States  ;  and  concerning  Let- 
ters of  Marque,  Prizes  and  Prize  Goods"  approved  on  the 
sixth  day  of  May,  A.  D.,  1861. 

2.  That  by  virtue  of  the  Act  of  the  Congress  of  the  said 
Confederate  States,  entitled  "An  Act  for  the  Sequestration  of 
the  Estates,  Property  and  effects  of  Alien  Enemies,  and.  for  the 
indemnity  of  Citizens  of  the  Confederate  States,  and  persons 
aiding  the  same  in  the  existing  war  with  the  United  States" 
approved  on  the  30th  day  of  August,  A.  D.,  1861,  and  of  the 
Acts  amendatory  thereof,  all  and  every,  the  lands,  tenements 
and  hereditaments,  goods  and  chattels,  rights  and  credits, 
within  these  Confederate  States,  and  every  right  and  interest 
therein  held,  owned,  possessed  and  enjoyed,  by  or  for  any 
alien  enemy,  since  the  thirtieth  of  August,  one  thousand  eight 
hundred  and  sixty-one,  except  such  debts  due  to  an  alien  en- 
emy as  may-  have  been  paid  into  the  Treasury  of  any  one  of 
the  Confederate  States,  prior  to  the  passage  of  said  Act,  are 
sequestrated  by  the  Confederate  States  of  America,  to  be 
held  for  the  indemnity  of. certain  citizens  of  the  said  Confed- 
erate States  and  others,  according  to  the  provisions  of  the 
Act  of  Congress  aforesaid. 

3.  That  there  are  within  the  limits  of  these  Confederate 
States,  to  wit,  in  in  the  District  aforesaid, 
and  within  the  jurisdiction  of  this  Court,  certain  rights  and 
credits,  held,  owned,  possessed  and  enjoyed  by  or  for  certain 
alien  enemies,  to  wit,  certain  debts  due  by  A.  B.  of  Charleston, 
to  citizens  of  the  United  States,  and  persons  residing  and 
having  a  domicil  therein,  alien  enemies,  which  said  debts  are 
sequestrated  by  virtue  of  the  Acts  of  Congress  aforesaid, 
and  now  belong  te  the  said  Confederate  States  ;   to  wit, 

[f.  g.  To  C.  D.  of  the  City  and  State  of  New  York,  a  debt  of 
$  upon  an  open  account. 

To  E.  F.  &  Co.,  of  the  City  of  Philadelphia,  and  State  of 
Pennsylvania,  a  debt  of  $  upon  a  Promissory  Note,  pay- 

able on  the  day  of 

To  C  H.  of  Boston,  Massachusetts,  a  debt  of  $  upon 

a  Bond  of  the  said  A.  B.,  payable  on  the  day  of 

sectLred  by  a  Mortgage  of  ] 

As  appears  by  the  information  of  the  said  A.  B.,  under 
oath,  filed  in  this  Honorable  Court. 

Wherefore,  your  Petitioner  prays,  that  sequestration  and 
payment  of  the  debts  to  the  said  alien  enemies  so  confessed, 
may  be  decreed  by  this  Honorable  Court,  according  to  the 
provisions  of  the  Acts  of  Congress  aforesaid,  and  for  the  pur* 
poses  therein  specified  ;  and  that  your  Petitioner  may  havo 


21 

such  other,  and  further  order,  decree,  direction  and  relief  in 
the  premises,  as  the  nature  of  the  case  may  require,  and  to 
your  Honor  may  seem  meet. 

And  your  Petitioner  will  ever  pray,  &c. 

J.  Y.  S.,  Receiver. 

C.  K.  M.,  District  Attorney. 

Endorsed,  Confederate  States  of  America,  vs.   A.  B.  (the 
debtor.) 


III. 
PETITION. 

[  To  he  filed  against  any  person  discovered  or  believed  by  Receiver 
to  have  custody  or  possession  of  property  of,  or  to  be  indebted 
to,  alien  enemies.'] 

CONFEDERATE  STATES  OF  AMERICA, )         In  the 

South  Carolina  District.  ]  District  Court. 

To  the  Hon.  A.  G.  Magrath, 

Confederate  Judge  for  the  District  aforesaid. 
The  Petition  of  ^  Receiver  of  Sequestered 

Estates,  duly  appointed  by  the  Judge  aforesaid,  who  sues  in 
the  name  and  behalf  of  the  Confederate  States  of  America, 
respectfully  showeth. 

1 .  That  open  and  public  war  exists  between  the  United 
States  of  America,  and  the  Confederate  States  of  America,  by 
virtue  of  an  Act  of  the  Congress  of  the  said  Confederate 
States,  entitled  "An  Act  recognizing  the  existence  of  war  betiveen 
the  United  States  and  the  Confederate  States ;  and  concerning 
Letters  of  Marque,  Prizes  and  Prize  Goods,"  approved  on  the 
sixth  day  of  May,  A.  D.,  1861. 

2.  That  by  virtue  of  the  Act  of  Congress  of  the  said  Con- 
feberate  States,  entiled  "An  Act  for  the  Sequestration  of  the 
Estates,  Property  and  effects  of  Alien  Enemies,  and  for  the 
indemnity  of  Citizens  of  the  Confedemte  States,  and  persons 
aiding  the  same  in  tlie  existing  war  with  the  United  States," 
approved  on  the  30th  day  of  August,  A.  D.,  1861,  and  of  the 
Acts  amendatory  thereof,  all  and  every  the  lands,  tenements 
and  hereditaments,  goods  and  chattels,  rights  and  credits, 
within  these  Confederate  States,  and  every  right  and  interest 


22 

therein  held,  owned,  possessed  or  enjoyed,  by  or  for  any  alien 
enemy,  since  the  thirtieth  of  August,  one  thousand  eight  hun- 
dred and  sixty-one,  except  such  debts  due  to  an  alien  enemy 
as  may  have  been  paid  into  the  Treasury  of  any  one  of  the 
Confederate  States,  prior  to  the  passage  of  said  Act,  are 
sequestrated  by  the  Confederate  States  of  America,  to  be  held 
for  the  indemnity  of  certain  citizens  of  the  said  Confederate 
States  and  others,  according  to  the  provisions  of  the  Act  of 
Congress  aforesaid. 

3.     That  there  are  within  the  limits  of  these  Confederate 
States,  to  wit,  in  in  the  District  aforesaid, 

and  within  the  jurisdiction  of  this  Court,  certain  lands,  tene- 
ments and  hereditaments,  goods  and  chattels,  rights  and 
credits,  held,  owned,  possessed  and  enjoyed  by  certain  alien 
enemies.  And  that  A.  B.,  of  Charleston,  as  your  Petitioner 
is  informed  and  believes  is  in  actual  possession  of,  or  has  under 
his  control,  money,  property,  effects  and  evidences  of  debts 
belonging  to  citizens  of  the  United  States,  and  persons  residing 
and  domiciled  therein,  alien  enemies  ;  and  that  the  said  A.  B. 
is  likewise  indebted  to  ce-tain  persons,  alien  enemies  ;  all  of 
which  said  property,  effect  and  debts  are  and  have  been  seques- 
trated by  virtue  of  the  Acts  of  Congress  aforesaid,  and  now  be- 
long to  the  said  Confederate  States,  but  the  names  of  the  said 
alien  enemies,  the  description  of  the  said  property  and  effects, 
and  the  amounts  of  said  indebtedness,  are  unknown  to  your 
Petitioner.  Wherefore  your  Petitioner  prays,  that  a  "Writ  of 
Garnishment  may  issue  out  of  and  under  the  seal  of  this  Hon- 
orable Court,  directed  to  the  said  A.  B.,  and  requiring  and 
commanding  him  to  answer  under  oath,  what  property  and 
effects  of  any  alien  enemy  he  has  in  his  custody,  control,  pow- 
er or  possession ;  and  whether  he  is  indebted  to  any  alien 
enemy,  or  was  so  indebted  on  the  thirtieth  clay  of  August, 
A.  D.,  1861,  and  in  what  sum,  and  whether  he  knows  of  a,ny 
other  person  or  persons  so  indebted  ;  and  that  sequestration 
and  payment  of  the  said  property,  effects  and  debts,  of  alien 
enemies,  may  be  decreed  by  this  Honorable  Court,  according 
to  the  provisions  of  the  Acts  of  Congress  aforesaid,  for  the 
uses  and  purposes  therein  specified  ;  and  that  your  Petitioner 
may  have  such  other  and  further  order,  decree,  direction  and 
relief  in  the  premises  as  the  nature  of  the  case  may  require, 
and  to  your  Honor  may  seem  meet. 

J.  W.  C.  Receiver. 

C.  R.  M.,  District  Attorney. 

[If  the  property  and  debts  in  possession  of  the  Defendant  is 


23 

known  in  whole  or  in  part,  such  'description  must  be  inserted,  and 
the  Petition  modified  accordingly.] 


IV. 

WRIT  OF  GARNISHMENT. 

[To  be  served  on  Defendant  to  bring  him  before  the  Court,  to 
an&ioer  the  Petition  filed  by  EeceiverJ] 

CONFEDERATE  STATES  OF  AMERICA, ) 

South  Carolina  District.  j 

To  D,  H.  Hamilton,  Marshal  of  the  Confederate  States, 

•    for  the  District  of  South  Carolina. 

Whereas  a  Receiver,  under  the  Act  of  the 

Congress  of  the  Confederate  States,  for  the  sequestration  of 
the  estates,  property  and  effects  of  alien  enemies,  and  for  the 
indemnity  of  citizens  of  the  Confederate  States,  and  persons 
aiding  the  same  in  the  existing  war  with  the  United  States  ; 
has  filed  a  Petition  in  this  Court,  praying  that  a  Writ  of  Gar- 
nishment, under  the  said  Act,  should  issue  to 
commanding  him  to  appear  and  answer  under  oath,  what 
property  or  effects  of  an  alien  enemy,  or  of  any 

other  alien  enemy  he  has  under  his  possession  or  control,  be- 
longing to  or  held  for  an  alien  enemy  ;  or  in  what  sum  he  is 
or  was  on  the  thirtieth  day  of  August,  1861,  or  since  has  been 
indebted  to  the  said  or  any  other  alien  enemy.     And 

whether  ho  knows  of  any  other  persons  so  indebted. 

You  are  therefore,  by  these  Presents,  ordered  and  required 
to  summon  the  to  be  and  appear  before  the  District  Court 
of  the  Confederate  States,  for  the  District  of  South  Carolina, 
at  its  next  sitting  in  and  within  thirty  days  from  the 

service  hereof,  tojfcmswor  in  the  premises  :  and  upon  his  oath 
fully  and  particularly  to  answer,  and  to  set  forth  and  discover 
what  lands,  tenements  and  hereditaments,  goods  and  chattels, 
rights  and  credits  of  the  said  or  any  other  alien 

enemy,  he  had  on  the  thirtieth  day  of  August,  A".  D.,  1861,  or 
since  has  had  in  his  custody,  control,  power  or  possession,  to 
the  end,  that  his  said  Answer  may  stand  as  an  Answer 
to  the  Petition  filed  against  him,  and  that  according  to  his 
answer,  and  such  further  proceedings  as  may  be  had  therein, 
such    property    and    effects    of  the  alien  enemy  may  be 


24 

condemned  and  sequestered  under  the  provisions  of  the 
aforesaid  Acts  of  the  Congress  of  the  Confederate  States. 
And  you  will  execute  this  Process  by  serving  personally  on 
the      -.  or  leaving  at  his  usual  place  of  abode,  a  copy 

thereof;  with  a  notice  endorsed  thereon,  requiring  him  to 
appear  and  answer  -as  herein  directed. 

And  whatsoever  you  may  do  in  the  premises,  you  shall 
make  true  return  thereof,  at  the  time  and  place  aforesaid. 

ifW'itness,  the  Hon.  A.  G.  Magrath,  Judge  of  the  Confede- 
rate States,  this  twenty-third  day  of  September, 
A.  D.,  1862. 

i  \  - 

«Yon  are  hereby  notified  to  appear  before  the   District 
(fourt  of  J^e  .Confederate  States,  at  its  next  sitting  in    *  _ 
and   within  thirty  days  from   tTie  service  of  this  Writ,  to 
answer  in  writing  and  Upon  oath,  the  several  matters  and 
*thinf  s  herein  'contained.  f 

H:  Y.  .GRAY,  Clerk  C.  &,  District  £o.  Ccu 

:-0   *;r>    J  >  <■■■"#■« 

.  Memorandum.  '"Th,e*pririted  forms  now  in  use  may  be  still 
used,  inabifjg  such  alterations  as*  are  necessary  to  make  them 
conform  to  the  forms  'above  given, 


;< 


t 


• .  f . 


